The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration

• Author(s): Anqi Wang,
• Publisher: BRILL
• Pages: 328
• ISBN_10: 9004517898
  ISBN_13: 9789004517899
  
• Language: en
• Categories: Law / International , Law / Public , Business & Economics / Economics / General , Law / Business & Financial , Law / Commercial / International Trade ,

Description:... The open access publication of this book has been published with the support of the Swiss National Science Foundation.

In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.